Media chiefs propose dialogue

Media industry chiefs have taken on the government for launching a campaign against a court decision on digital migration.

Nation Media Group (NMG) chief executive Linus Gitahi, Royal Media Services (RMS) boss Wachira Waruru and Standard Group’s Sam Shollei accused the government of starting an “extraordinary attack” on a court’s ruling when it should simply appeal.

“The way to deal with court decisions one disagrees with is to appeal, not launch a media campaign against the decision,” the media chiefs argued in a statement.

“On a proper reading, the AG (Attorney General) and the Cabinet Secretary are clearly trying to litigate the appeal to the Supreme Court in the media and perhaps, most perniciously, to pre-emptively intimidate the Supreme Court,” the leaders said.
Last Friday, the Court of Appeal, sitting in Nairobi, postponed the migration from analogue to digital broadcasting to end of September this year. The ruling was a partial win for the three media houses which had challenged earlier dates to demand equality in the issuance of licences between local and foreign investors.
But on Monday this week, Information Cabinet Secretary Fred Matiang’i and Attorney General Githu Muigai announced the government would seek to overturn the decision in the Supreme Court within a week.
The minister told reporters in Nairobi that the decision had “caused anxiety and unsettled investors”, as it purported to cancel licences won competitively.
“The Appeal Court clearly overstepped its mandate and assumed the role of the Executive which is best placed to award the digital licences,” he said. Prof Muigai defended the award of licences saying the government’s intention was to level the playing field for both foreign and local investors.
But yesterday, the media houses refuted that claim, charging that the government was bent on pleasing foreign investors while trampling local ones underfoot.
“This seemingly solicitous and ‘investor friendly’ language ignores the real threat to investors in Kenya - be they foreign or local; arbitrary reversals of policy and failure to follow the law. A country that is not safe for local investors is not safe for foreign investors too,” they said.
Leaned backwards
“The AG and the Cabinet secretary have leaned over backwards to reassure foreign investors who have invested in the ICT sector over the last 18 months.
The three media organisations insist they do not oppose digital migration which they agree is beneficial to the country, but argue that they want the government to implement the programme by following proper procedure.
“The media’s concern is that an otherwise excellent policy has been monkey-wrenched to curry favour with vested interests and in clear violation of both the law and the policies the government itself says it is committed to.
“Even with a decision in our favour, we believe that the way forward is a mutual willingness to sit, talk and agree,” the media chiefs said.